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Whistleblower blasts union's own corruption probe

Mathew Dunckley

"I look forward to being cross-examined on some of these issues": Brian Fitzpatrick, along with the unnamed whistleblower, claimed they were bullied and harassed. Photo: Wolter Peeters

A construction union whistleblower has blasted an ‘‘independent’’ investigation into the allegations of corruption he raised.

The Construction, Forestry, Mining and Energy Union on Friday released its review into a string of allegations about misconduct by senior officials and links to crime figure George Alex. The claims were raised by whistleblowers who complained to CFMEU national secretary Michael O’Connor late in 2013.

The allegations will be heard when the Heydon royal commission into union corruption sits in Sydney on Tuesday.

The complaints spurred the union to ask its law firm, Slater & Gordon, to organise an investigation. It chose Sydney barrister Tony Slevin, whose report, released on Friday, exonerates the union’s leadership but suggests changes to the union’s rules dealing with whistleblowers and complaints.

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Mr Slevin wrote that there were effectively six different claims against senior figures in the union, including NSW state secretary Brian Parker and branch president Rita Mallia.

‘‘I have considered each specific allegation raised and I have found that the complaints are not substantiated,’’ he said.

The unnamed whistleblower, along with long-term unionist Brian Fitzpatrick, had claimed they were bullied and harassed after raising concerns over branch governance.

‘‘This thorough seven-month investigation has dealt with each of the allegations in detail, including forensic checks of hundreds of documents and union records,’’ Mr O’Connor said.

He said the union would consider the recommendation of a rule change and would also forward the review and accompanying evidence to the royal commission.

But Mr Fitzpatrick, who is expected to testify next week and who claims he received a death threat, said the review was ‘‘outrageous’’.

‘‘At the end of it to say there is nothing to investigate is insulting,’’ he said.

He said he looked forward to being cross-examined on some of these issues and putting them straight.

Mr Fitzpatrick said Mr Slevin used to work for the CFMEU. Mr Slevin is also representing the CFMEU at the Heydon royal commission.

Mr Fitzpatrick took particular issue with Mr Slevin’s treatment of an allegation that he was offered $300,000 to leave the union ‘‘quietly’’.

Mr Slevin quoted Mr Fitzpatrick as saying former state secretary Andrew Ferguson encouraged him to resign, suggesting he could arrange a $300,000 termination payment.

Mr Slevin said Mr Parker and Ms Mallia insisted Mr Ferguson had no authority to make such an offer and that Mr Fitzpatrick’s account did not ‘‘support’’ his claim.

Mr Slevin said he saw no need to investigate the claim further.

But Mr Fitzpatrick said the report did not address the fact another CFMEU official made the same offer.